The Supreme Court has changed its doctrine and has determined that it must be the bank that pays the taxes derived from the constitution of a mortgage (Documented Legal Acts) that until now had to support the client. Until now, The High Court only recognized the reimbursement of notary expenses, property registration, appraisal and management, derived from the formalization of the mortgage, but this change of criterion determines that it is the bank that must assume this expense, since it is the principal interested party in which the mortgage is raised to a public deed, as this way, in case of default of the borrower, he will be able to execute his guarantee. The measure would affect around eight million people, according to ADICAE calculations.
In this way, there are already five expenses that can be claimed: Notary, Land Registry, agency, home appraisal and the Tax on Documented Legal Acts (AJD) How can it be claimed? To start the process to claim the amounts, Legálitas recommends:
First, gather the necessary documentation. Locate the deed of mortgage loan whose expenses are claimed claim, along with notary invoices, property registration, property valuation, agency and tax of Documented Legal Acts.
Then, it is time to write the claim document addressed to the bank requesting the amounts paid. "It is important to make a reliable requirement to the correct entity, since due to the absorptions between banks can disregard the claim, as well as, in case of having changed the bank the mortgage should apply to both entities, "they indicate.
Subsequently, the bank's response should be studied in detail based on its legal reasoning. "It may be the case that banks try to negotiate with clients and make proposals that do not benefit them, forcing them to renounce their rights and preventing them from claiming this and other clauses in the future".
Another important step, is control the times of resolution of the claim. The bank should resolve the claim within 2 months: "It is likely that the entity will try to" despair or discourage "the customer by extending the resolution period requesting additional documentation or forcing him to redo the claim using a specific form.It is important that consumers know their rights and know how to deal with these situations" .
In the event that an agreement is not reached with the bank, it is time to file a lawsuit in the specialized courts.
How long is there to file the claim?
In principle, it does not prescribe. The abusive nature of the clause leads to the full nullity of the clause and therefore there is no time limit to start the claim.
How much is the amount?
The amount depends on the amount of the mortgage and the percentage that each community establishes for the Documented Legal Acts. A) Yes, the orquilla goes from the 0.5 percent that regions like Madrid apply to 1.5 percent on the borrowed capital that they impose in Andalusia.
From ADICAE remember that the ruling of the Supreme coincides with the presentation of the 60 class actions by the online platform. The association has convened dozens of assemblies throughout Spain to explain the scope of this ruling. "Justice has decided to give another blow to the banking by imposing the payment of the Tax on Documented Legal Acts, which accounts for almost two thirds of all mortgage expenses," he said in a statement.
Regarding retroactivity, ADICAE indicates that it is not possible to know the exact number of people affected. Everything will depend on the interpretation that is made of the sentence. The platform explains that before this sentence had planned to file 60 class actions against other entities to avoid a parade of hundreds of thousands of people affected in individual lawsuits that in addition to collapsing the courts would leave without compensation to millions of mortgaged who do not intend to initiate legal proceedings alone.
The news has been very well received by the associations of consumers. FACUA-Consumers in Action positively values the change of criteria and urges the bank to act responsibly and proceed to reimburse users the amounts they had to pay for the IAJD together with the interest accrued. In this sense, the association expects that the Government and the consumer authorities of the autonomous communities undertake the actions that are their responsibility to supervise the actions of the banking sector in this sense and sanction banks that refuse to comply with the law.